help please!

taribo · Post by **taribo** » Thu Jan 26, 2012 11:20 am

well a lawyer told us that,unless she finds a job ,even part time(which is hard with the kids),then our chances are less than slim,then as a back up option,he said we could go for the right of access to child visa...then zambrano,then unmarried partners,then he said even on those ,she will have to get a job,otherwise..no chance.

Post by **John** » Thu Jan 26, 2012 7:51 pm

a lawyer told us that,unless she finds a job ,even part time(which is hard with the kids),then our chances are less than slim

To that I say, I think that lawyer is overlooking that the test you are needing to pass is that if the visa is granted, you will not need to claim certain Public Funds. Accordingly, I feel that your earnings are being overlooked, and therefore the lawyer is being unnecessarily pessimistic.

The financial test is not that the sponsor will be able to support the spouse visa applicant. It is, as I say above, that the applicant will not need to claim certain Public Funds.

Before you get worried by the term Public Funds, we have already been through that, so let's not go there again! For example, a joint claim for Tax Credits is not, in your circumstances, a claim for Public Funds.

So the suggestion is ... get married .... you move in ... get all the benefit claims adjusted to the new situation .... for example, withdraw the claim for Income Support, and make a joint claim for Tax Credits (both Working Tax Credits and Child Tax Credit) .... then apply for the spouse visa.

Or in technical terms, I fear that the lawyer is overlooking the effects of paras 6A and 6B of the immigration Rules, which paras. effectively vary the definition of Public Funds in para 6.

Can I ask, roughly now much savings do the two of you have?

taribo · Post by **taribo** » Fri Jan 27, 2012 9:09 am

i will be honest with you john,we do have some money,£2000 in an account,but that will cover both the wedding and visa fees.we do not have any savings,we could raise some money before and after the wedding but that will probably not be enough,our families are ready to help but i am not so sure whether or not it is allowed.

Post by **vinny** » Fri Jan 27, 2012 9:54 am

Third party support is currently allowed.

akaamir · Post by **akaamir** » Fri Jan 27, 2012 10:02 am

i only say about one thing about the lawyer they always mislead you with they wrong information and they only looking at thier own pocket try to rob you.dont just listen to them please they are just useless this forum is so help full just ask what you want and explain you situation clearly so moderate can help you in there best way.

taribo · Post by **taribo** » Tue Jun 19, 2012 12:06 am

My worst fears are confirmed.we are getting married next month the 14th and the new rules come into effect the 9th.I'm screwed,and I almost resent my partner for this as she insisted she wants a church wedding..it took us almost 3 months to get the licence because I'm a foreign national ,they had to make sure the relationship is genuine and stuff.now she regrets her stubbornness as we now face the real possibility of me getting chucked out,leaving her with the children..

Post by **Greenie** » Tue Jun 19, 2012 7:14 am

Apply by post by 8th and send the marriage certificate after you have married.

taribo · Post by **taribo** » Tue Jun 19, 2012 1:03 pm

Thanx greenie for your prompt reply.
So I can apply without the certificate? I didn't know we can.
What do I tell them as I'm not technically married yet? I will be on the
14 th of July at 02 .00 pm.I'm so nervous.

Post by **Greenie** » Tue Jun 19, 2012 2:30 pm

it's not ideal but it your best choice in this situation. just explain on the form when the marriage will take place. as long as you are married when they consider the application this is what matters.

taribo · Post by **taribo** » Tue Jun 19, 2012 2:54 pm

Ok ,also greenie my last 4 payslips are on my fiancee address ..we thought we would put that wright once married by adding my name on the tenancy agreement with the council can I submit those payslips with her address(council house)?or would it equal to shooting myself in the head...we will have to use some of the money we put aside for the wedding and the invitations are already sent..

taribo · Post by **taribo** » Sun Aug 26, 2012 4:27 pm

Hi all
The new financial requirements came in last month
,and thank god my wife now works,she make around
13200k a year,now my concern is..while my lowest
Salary for the last 6 months have been 600,which
Would work at 7200 a year,would they consider our
Joint income in deciding my application?we have two kids
But they are british citizen,so,not sponsored.also,my wife,
By the time we send in the application would have only worked
For 4 months...she last worked in 2010.would 4 months payslips
Be enough ?a letter from her employer?
Any help please?

taribo · Post by **taribo** » Sun Aug 26, 2012 4:32 pm

I forgot to say earlier on that we got married last month,
I moved in with my wife,we informed the council and dwp
And as expected they cut her benefits,we also informed them
That she now works.

Post by **MPH80** » Sun Aug 26, 2012 4:32 pm

Joint income would be considered due to the fact you're in the UK legally with a limited right to work.

If she's worked at the employer for less than 6 months then you'll need to prove your joint income was over the threshold for the previous 12 months prior to application.

I get the sense you can't do that given she's only just started work. Can you wait the additional 2 months?

M.

taribo · Post by **taribo** » Mon Aug 27, 2012 12:39 am

Well,two more months..my stay runs out in december,so
If we wait two more months,then I will be an overstayer
,that is in January,which is totally different,I mean,worse.

Kitty · Post by **Kitty** » Mon Aug 27, 2012 1:31 pm

When did your wife start work? Do you mean that by December she will only have 4 payslips?

taribo · Post by **taribo** » Mon Aug 27, 2012 6:06 pm

She started in july,last month,but will have her first payslip this month

Kitty · Post by **Kitty** » Mon Aug 27, 2012 6:19 pm

My suggestion is similar to Greenie's earlier in the year when you were considering applying before you got married: consider applying with 5 payslips and then submit the additional one as soon as she receives it (along with a bank statement that shows her wages going into her bank account: get a stamped interim printout for this from her bank if necessary so you don't have to wait for a statement).

taribo · Post by **taribo** » Thu Apr 25, 2013 1:24 pm

quick uptade on this post.

granted 30(x2) months flr m
althought i applied on flr o form.
happy ending and thank you all.

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help please!